S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1918
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2015
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN  ACT  to  amend  the  county  law,  the  real  property  actions  and
         proceedings  law,  the  vehicle and traffic law, the state finance law
         and the judiciary law, in relation to enacting the  "NY  Civil  Gideon
         Act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as the  "New  York
    2  Civil Gideon act".
    3    S 2. The county law is amended by adding a new article 18-C to read as
    4  follows:
    5                                ARTICLE 18-C
    6                 REPRESENTATION OF PERSONS IN CIVIL MATTERS
    7  SECTION 723.   LEGISLATIVE FINDINGS.
    8          723-A. CIVIL RIGHT TO COUNSEL COMMISSION.
    9          723-B. LEAD AGENCY FOR CIVIL RIGHT TO COUNSEL.
   10          723-C. ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL.
   11          723-D. COMPENSATION AND REIMBURSEMENT.
   12    S 723. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES
   13  AS FOLLOWS:
   14    1. EVERY YEAR, AT LEAST EIGHTY PERCENT OF THE CIVIL LEGAL NEEDS OF LOW
   15  INCOME NEW YORKERS GO UNMET.
   16    2.  THESE  LEGAL  NEEDS OFTEN CONCERN MATTERS PERTAINING TO THE ESSEN-
   17  TIALS OF LIFE INCLUDING SHELTER, FOOD, EMPLOYMENT,  HEALTH,  AND  FAMILY
   18  SUSTAINABILITY.
   19    3.  THE LACK OF AVAILABLE CIVIL LEGAL ASSISTANCE UNDERMINES COMPREHEN-
   20  SIVE ASSISTANCE FOR CRIME VICTIMS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06882-01-5
       S. 1918                             2
    1    4. THE LACK OF CIVIL LEGAL SERVICES TO RESOLVE A FAMILY'S LEGAL  PROB-
    2  LEMS OFTEN DISRUPTS THE CHILDREN AND YOUNG ADULTS' EDUCATION, FREQUENTLY
    3  WITH A PERMANENT IMPACT.
    4    5. THE LACK OF CIVIL LEGAL SERVICES CAN WORSEN CHRONIC HEALTH PROBLEMS
    5  OFTEN INCREASING THE COST OF MEDICAL CARE.
    6    6.  THE  LACK  OF  CIVIL LEGAL SERVICES CAN RESULT IN HOMELESSNESS NOT
    7  ONLY AFFECTING THE INDIVIDUAL FAMILIES  BUT  ALSO  DESTABILIZING  ENTIRE
    8  NEIGHBORHOODS.
    9    7.  IN  LIGHT OF THESE TRYING ECONOMIC TIMES, THE NEED FOR CIVIL LEGAL
   10  SERVICES HAS INCREASED BEYOND  INDIVIDUALS  BELOW  THE  FEDERAL  POVERTY
   11  GUIDELINES  TO  HOMEOWNERS  AND  OTHER  MIDDLE  INCOME  NEW YORKERS THAT
   12  PROVIDE THE FOUNDATION FOR NEW YORK'S ECONOMY.
   13    8. THE SUBSTANTIAL NUMBER OF UNREPRESENTED LITIGANTS  IN  CIVIL  LEGAL
   14  MATTERS  ADVERSELY IMPACTS THE QUALITY OF JUSTICE FOR ALL PARTIES IN THE
   15  COURTS OF NEW YORK STATE, INCREASES THE AMOUNT OF LITIGATION, AND UNDER-
   16  MINES THE RULE OF LAW.
   17    9. IT HAS BEEN FOUND THAT WHEN A SOCIETY IS UNABLE TO MEET THEIR BASIC
   18  HUMAN NEEDS IT IS IN AN ONGOING STATE OF EMERGENCY.
   19    10. THE UNMET  NEED  FOR  CIVIL  LEGAL  ASSISTANCE  IN  THE  STATE  IS
   20  PROFOUNDLY  IMPACTING  VULNERABLE  NEW  YORKERS  AND  COSTING  TAXPAYERS
   21  MILLIONS OF DOLLARS  BY  INCREASING  HOMELESSNESS,  FAILING  TO  PREVENT
   22  DOMESTIC VIOLENCE, AND INCREASING POVERTY.
   23    11.  IN ORDER TO ADDRESS THIS EMERGENCY, THIS LEGISLATURE FINDS THAT A
   24  RIGHT TO COUNSEL IN CERTAIN CIVIL MATTERS IS IMPERATIVE.
   25    S 723-A. CIVIL RIGHT TO COUNSEL COMMISSION. 1. THERE IS HEREBY  ESTAB-
   26  LISHED  THE  CIVIL RIGHT TO COUNSEL COMMISSION.  THE COMMISSION SHALL BE
   27  COMPOSED OF ELEVEN MEMBERS.
   28    2. A. THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED AS FOLLOWS:
   29    (I) ONE MEMBER SHALL BE APPOINTED BY THE  GOVERNOR  AND  SHALL  BE  AN
   30  ATTORNEY WITH EXPERTISE IN CIVIL LEGAL SERVICES;
   31    (II)  ONE  MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
   32  SENATE;
   33    (III) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   34    (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
   35  ASSEMBLY;
   36    (V)  ONE  MEMBER  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
   37  SENATE;
   38    (VI) TWO MEMBERS SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF
   39  APPEALS;
   40    (VII) ONE MEMBER SHALL BE APPOINTED BY THE ASSOCIATION OF COUNTIES;
   41    (VIII) ONE MEMBER SHALL BE APPOINTED BY THE MAYOR OF THE CITY  OF  NEW
   42  YORK  AND SHALL BE AN ATTORNEY WHO HAS PROVIDED CIVIL LEGAL SERVICES FOR
   43  AT LEAST FIVE YEARS;
   44    (IX) ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR, FROM A LIST OF  NO
   45  MORE  THAN  TWO  NOMINEES  SUBMITTED  BY  THE CHIEF ADMINISTRATOR OF THE
   46  COURTS, EACH OF WHOM SHALL BE A JUDGE OR JUSTICE, OR  RETIRED  JUDGE  OR
   47  JUSTICE,  WHO  WAS  ELECTED  TO  THE SUPREME, COUNTY OR FAMILY COURT, OR
   48  APPOINTED TO THE CRIMINAL COURT OR FAMILY COURT IN THE CITY OF NEW YORK,
   49  AND HAS SUBSTANTIAL EXPERIENCE PRESIDING AS SUCH A JUDGE OR  JUSTICE  IN
   50  TRIAL MATTERS BEFORE SUCH COURT; AND
   51    (X)  ONE  MEMBER  SHALL BE APPOINTED BY THE NEW YORK STATE BAR ASSOCI-
   52  ATION.
   53    B. ALL MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF  THE  STATE  OF
   54  NEW YORK.
   55    C.  THE MEMBERS OF THE COMMISSION SHALL SERVE TERMS OF FOUR YEARS. ALL
   56  MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED.  VACANCIES  ON
       S. 1918                             3
    1  THE  COMMISSION  SHALL  BE  FILLED  FOR THE REMAINDER OF THE TERM IN THE
    2  MANNER PROVIDED FOR BY THE ORIGINAL APPOINTMENT.
    3    D.  THE  MEMBERS  OF  THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
    4  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
    5  INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
    6    E. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, NO  OFFICER  OR
    7  EMPLOYEE  OF  THE STATE OR ANY CIVIL DIVISION THEREOF SHALL BE DEEMED TO
    8  HAVE FORFEITED OR SHALL FORFEIT HIS  OR  HER  OFFICE  OR  EMPLOYMENT  BY
    9  REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON THE COMMISSION.
   10    F. THE COMMISSION SHALL MEET AT LEAST ONCE PER YEAR.
   11    G.  A  MAJORITY  OF  THE  MEMBERS OF THE COMMISSION SHALL CONSTITUTE A
   12  QUORUM.
   13    H. THE CHIEF JUDGE OF THE COURT OF APPEALS, OR HIS  OR  HER  DESIGNEE,
   14  SHALL SERVE AS A NON-VOTING EX-OFFICIO MEMBER OF THE COMMISSION.
   15    I.  APPOINTMENT TO THE COMMISSION SHALL BE FILED BY THE CHIEF JUDGE OF
   16  THE COURT OF APPEALS, WHO SHALL CONVENE THE FIRST MEETING OF THE COMMIS-
   17  SION FOLLOWING THE FILING  OF  THE  MAJORITY  OF  APPOINTMENTS.  AT  THE
   18  INITIAL MEETING THE MEMBERS SHALL ELECT OFFICERS.
   19    3. THE COMMISSION SHALL SUBMIT TO THE GOVERNOR, TEMPORARY PRESIDENT OF
   20  THE  SENATE, SPEAKER OF THE ASSEMBLY AND THE CHIEF JUDGE OF THE COURT OF
   21  APPEALS AN ANNUAL REPORT ON  OR  BEFORE  THE  ANNIVERSARY  DATE  OF  THE
   22  COMMISSION'S FIRST MEETING. SUCH REPORT SHALL CONTAIN ALL PERTINENT DATA
   23  FOR THE PRIOR TWELVE MONTHS ON THE OPERATION OF THE COMMISSION INCLUDING
   24  THE  NUMBER  OF  ASSIGNED  COUNSEL  IN  EACH COUNTY, THE NUMBER OF CASES
   25  ASSIGNED, THE NUMBER OF CASES RESOLVED, RECOMMENDATIONS  FOR  ADDITIONAL
   26  ATTORNEYS,  IF NECESSARY, THE COST OF OPERATION AND FINANCIAL ASSISTANCE
   27  TO LOCALITIES. SUCH REPORT SHALL ALSO INCLUDE THE  PROPOSED  BUDGET  FOR
   28  THE SUCCEEDING TWELVE MONTHS INCLUDING FUNDS FOR FINANCIAL ASSISTANCE TO
   29  LOCALITIES.
   30    S  723-B.    LEAD AGENCY FOR CIVIL RIGHT TO COUNSEL. 1. REPRESENTATION
   31  FOR PERSONS IN CIVIL MATTERS SHALL BE A PARTNERSHIP BETWEEN  THE  COURTS
   32  AND ALL QUALIFIED LEGAL SERVICES PROVIDERS, BAR ASSOCIATIONS AND PRIVATE
   33  ORGANIZATIONS.
   34    2.  THE  LEGAL  SERVICES  PROVIDERS SHALL SERVE AS THE LEAD AGENCY FOR
   35  CASE ASSESSMENT AND DIRECTION UNDER THIS ARTICLE AND FURTHERMORE SHALL:
   36    A. BE THE CENTRAL POINT OF CONTACT FOR RECEIPT OF REFERRALS FOR  LEGAL
   37  REPRESENTATION;
   38    B. MAKE DETERMINATIONS OF ELIGIBILITY BASED ON UNIFORM CRITERIA;
   39    C.  BE  RESPONSIBLE  FOR  PROVIDING  REPRESENTATION  TO THE CLIENTS OR
   40  REFERRING THE MATTER TO ONE OF THE ORGANIZATIONS OR INDIVIDUAL PROVIDERS
   41  WITH WHOM THE LEAD  LEGAL  SERVICES  AGENCY  CONTRACTS  TO  PROVIDE  THE
   42  SERVICE; AND
   43    D. TO THE EXTENT PRACTICAL, IDENTIFY AND MAKE USE OF PRO BONO SERVICES
   44  IN ORDER TO MAXIMIZE AVAILABLE SERVICES EFFICIENTLY AND ECONOMICALLY.
   45    3. RECOGNIZING THAT NOT ALL INDIGENT PARTIES CAN BE AFFORDED REPRESEN-
   46  TATION,  EVEN WHEN THEY HAVE MERITORIOUS CASES, THE COURT PARTNER SHALL,
   47  AS A COROLLARY TO THE SERVICES PROVIDED BY THE LEAD LEGAL SERVICES AGEN-
   48  CY, BE RESPONSIBLE FOR PROVIDING PROCEDURES,  PERSONNEL,  TRAINING,  AND
   49  CASE MANAGEMENT AND ADMINISTRATION PRACTICES THAT REFLECT BEST PRACTICES
   50  TO  ENSURE  UNREPRESENTED  PARTIES  MEANINGFUL  ACCESS TO JUSTICE AND TO
   51  GUARD AGAINST THE INVOLUNTARY WAIVER OF RIGHTS, AS WELL AS TO  ENCOURAGE
   52  FAIR AND EXPEDITIOUS VOLUNTARY DISPUTE RESOLUTION, CONSISTENT WITH PRIN-
   53  CIPLES OF JUDICIAL NEUTRALITY.
   54    4.  THE  PARTICIPATING  LEGAL SERVICES AGENCY SHALL BE SELECTED BY THE
   55  JUDICIAL COUNCIL.
       S. 1918                             4
    1    A. THE JUDICIAL COUNCIL SHALL BE MADE UP OF ONE  ADMINISTRATIVE  JUDGE
    2  FROM  EACH JUDICIAL DISTRICT. THERE SHALL BE AT LEAST ONE LEGAL SERVICES
    3  AGENCY CHOSEN FOR EACH JUDICIAL DISTRICT.
    4    B.  THE  JUDICIAL  COUNCIL  SHALL  ASSESS THE APPLICANTS' CAPACITY FOR
    5  SUCCESS, INNOVATION, AND EFFICIENCY, INCLUDING, BUT NOT LIMITED TO,  THE
    6  LIKELIHOOD  THAT  THE  AGENCY WOULD DELIVER QUALITY REPRESENTATION IN AN
    7  EFFECTIVE MANNER THAT WOULD MEET CRITICAL NEEDS  IN  THE  COMMUNITY  AND
    8  ADDRESS  THE  NEEDS  OF  THE  COURT WITH REGARD TO ACCESS TO JUSTICE AND
    9  CALENDAR MANAGEMENT, AND THE UNIQUE LOCAL UNMET NEEDS FOR REPRESENTATION
   10  IN THE COMMUNITY.
   11    C. AGENCIES APPROVED PURSUANT  TO  THIS  SECTION  SHALL  INITIALLY  BE
   12  AUTHORIZED  FOR A THREE-YEAR PERIOD, COMMENCING ON THE EFFECTIVE DATE OF
   13  THIS SECTION AND SUBJECT TO RENEWAL FOR A PERIOD TO BE DETERMINED BY THE
   14  JUDICIAL COUNCIL, IN CONSULTATION WITH THE PARTICIPATING AGENCY IN LIGHT
   15  OF THE AGENCY'S CAPACITY AND SUCCESS. AFTER THE INITIAL THREE-YEAR PERI-
   16  OD, THE JUDICIAL COUNCIL SHALL DISTRIBUTE ANY FUTURE FUNDS AVAILABLE  AS
   17  THE RESULT OF THE TERMINATION OR NONRENEWAL OF AN AGENCY PURSUANT TO THE
   18  PROCESS SET FORTH IN THIS SUBDIVISION.
   19    D.  AGENCIES  SHALL  BE SELECTED ON THE BASIS OF WHETHER, IN THE CASES
   20  PROPOSED FOR SERVICE, THE PERSONS  TO  BE  ASSISTED  ARE  LIKELY  TO  BE
   21  OPPOSED  BY  A PARTY WHO IS REPRESENTED BY COUNSEL. THE JUDICIAL COUNCIL
   22  SHALL ALSO CONSIDER THE FOLLOWING FACTORS IN SELECTING THE AGENCIES:
   23    (I) THE LIKELIHOOD THAT REPRESENTATION IN THE PROPOSED CASE TYPE TENDS
   24  TO AFFECT WHETHER A PARTY PREVAILS OR OTHERWISE OBTAINS A  SIGNIFICANTLY
   25  MORE  FAVORABLE  OUTCOME  IN  A  MATTER  IN  WHICH  THEY WOULD OTHERWISE
   26  FREQUENTLY HAVE JUDGMENT ENTERED AGAINST THEM OR SUFFER THE  DEPRIVATION
   27  OF THE BASIC HUMAN NEED AT ISSUE;
   28    (II) THE LIKELIHOOD OF REDUCING THE RISK OF ERRONEOUS DECISIONS;
   29    (III) THE NATURE AND SEVERITY OF POTENTIAL CONSEQUENCES FOR THE UNREP-
   30  RESENTED PARTY REGARDING THE BASIC HUMAN NEED AT STAKE IF REPRESENTATION
   31  IS NOT PROVIDED;
   32    (IV)  WHETHER  THE PROVISION OF LEGAL SERVICES MAY ELIMINATE OR REDUCE
   33  THE POTENTIAL NEED FOR AND COST OF PUBLIC SOCIAL SERVICES REGARDING  THE
   34  BASIC  HUMAN  NEED  AT  STAKE  FOR THE CLIENT AND OTHERS IN THE CLIENT'S
   35  HOUSEHOLD;
   36    (V) THE UNMET NEED FOR LEGAL SERVICES IN THE  GEOGRAPHIC  AREA  TO  BE
   37  SERVED; AND
   38    (VI)  THE  AVAILABILITY  AND  EFFECTIVENESS  OF  OTHER  TYPES OF COURT
   39  SERVICES, SUCH AS SELF-HELP.
   40    E. EACH APPLICANT SHALL DO THE FOLLOWING:
   41    (I) IDENTIFY THE NATURE OF THE PARTNERSHIP BETWEEN THE COURT  AND  THE
   42  OTHER AGENCIES OR OTHER PROVIDERS THAT WOULD WORK WITHIN THE PROJECT;
   43    (II)  DESCRIBE  THE  REFERRAL  PROTOCOLS TO BE USED, THE CRITERIA THAT
   44  WOULD BE EMPLOYED IN CASE ASSESSMENT, WHY THOSE CASES WERE SELECTED, THE
   45  MANNER TO ADDRESS CONFLICTS WITHOUT VIOLATING ANY ATTORNEY-CLIENT PRIVI-
   46  LEGE  WHEN  ADVERSE  PARTIES  ARE  SEEKING  REPRESENTATION  THROUGH  THE
   47  PROJECT,  AND  THE MEANS FOR SERVING POTENTIAL CLIENTS WHO NEED LANGUAGE
   48  ASSISTANCE WITHIN THE COURT SYSTEM; AND
   49    (III) DESCRIBE HOW THE PROJECT WOULD BE  ADMINISTERED,  INCLUDING  HOW
   50  THE  DATA  COLLECTION REQUIREMENTS WOULD BE MET WITHOUT CAUSING AN UNDUE
   51  BURDEN ON THE COURTS, CLIENTS, OR THE PROVIDERS, THE  PARTICULAR  OBJEC-
   52  TIVES  OF  THE  PROJECT, STRATEGIES TO EVALUATE THEIR SUCCESS IN MEETING
   53  THOSE OBJECTIVES, AND THE MEANS BY WHICH THE  PROJECT  WOULD  SERVE  THE
   54  PARTICULAR  NEEDS  OF THE COMMUNITY, SUCH AS BY PROVIDING REPRESENTATION
   55  TO LIMITED-ENGLISH-SPEAKING CLIENTS, THE ELDERLY AND THE DISABLED.
       S. 1918                             5
    1    5. TO ENSURE THE MOST EFFECTIVE USE OF THE FUNDING AVAILABLE, THE LEAD
    2  LEGAL SERVICES AGENCY SHALL SERVE AS A HUB FOR ALL  REFERRALS,  AND  THE
    3  POINT  AT  WHICH DECISIONS ARE MADE ABOUT WHICH REFERRALS WILL BE SERVED
    4  AND BY WHOM. REFERRALS SHALL EMANATE FROM THE COURT, AS WELL AS FROM THE
    5  OTHER  AGENCIES  PROVIDING  SERVICES  THROUGH  THE PROGRAM, AND SHALL BE
    6  DIRECTED TO THE LEAD LEGAL SERVICES AGENCY FOR REVIEW. THAT  AGENCY,  OR
    7  ANOTHER  AGENCY  OR ATTORNEY IN THE EVENT OF CONFLICT, SHALL COLLECT THE
    8  INFORMATION NECESSARY TO ASSESS WHETHER THE CASE SHOULD  BE  SERVED.  IN
    9  PERFORMING THAT CASE ASSESSMENT, THE AGENCY SHALL DETERMINE THE RELATIVE
   10  NEED FOR REPRESENTATION OF THE LITIGANT, INCLUDING ALL OF THE FOLLOWING:
   11    A. CASE COMPLEXITY;
   12    B. WHETHER THE OPPOSING PARTY IS REPRESENTED;
   13    C. THE ADVERSARIAL NATURE OF THE PROCEEDING;
   14    D. THE AVAILABILITY AND EFFECTIVENESS OF OTHER TYPES OF SERVICES, SUCH
   15  AS  SELF-HELP,  IN  LIGHT  OF THE POTENTIAL CLIENT AND THE NATURE OF THE
   16  CASE;
   17    E. BARRIERS TO ACCESS DUE TO LANGUAGE;
   18    F. BARRIERS TO ACCESS DUE TO DISABILITY;
   19    G. BARRIERS TO ACCESS DUE TO LITERACY;
   20    H. THE MERITS OF THE CASE;
   21    I. THE NATURE AND SEVERITY OF POTENTIAL CONSEQUENCES FOR THE POTENTIAL
   22  CLIENT IF REPRESENTATION IS NOT PROVIDED; AND
   23    J. WHETHER THE PROVISION OF LEGAL SERVICES MAY ELIMINATE OR REDUCE THE
   24  NEED FOR AND COST OF PUBLIC SOCIAL SERVICES FOR THE POTENTIAL CLIENT AND
   25  OTHERS IN THE POTENTIAL CLIENT'S HOUSEHOLD.
   26    6. THE DECISION AND LEVEL OF REPRESENTATION SHOULD BE MADE AT THE SOLE
   27  DISCRETION OF THE LEAD AGENCY, ORGANIZATION, OR ATTORNEY  BASED  ON  THE
   28  FACTORS SET FORTH ABOVE.
   29    7. IF BOTH PARTIES TO A DISPUTE ARE FINANCIALLY ELIGIBLE FOR REPRESEN-
   30  TATION, EACH PROPOSAL SHALL ENSURE THAT REPRESENTATION FOR BOTH SIDES IS
   31  EVALUATED.  IN THESE AND OTHER CASES IN WHICH CONFLICT ISSUES ARISE, THE
   32  LEAD LEGAL SERVICES AGENCY SHALL  HAVE  REFERRAL  PROTOCOLS  WITH  OTHER
   33  AGENCIES  AND  PROVIDERS,  SUCH  AS A PRIVATE ATTORNEY PANEL, TO ADDRESS
   34  THOSE CONFLICTS.
   35    8. EACH LEAD AGENCY, ORGANIZATION, OR ATTORNEY  SHALL  BE  RESPONSIBLE
   36  FOR KEEPING RECORDS ON THE REFERRALS ACCEPTED AND THOSE NOT ACCEPTED FOR
   37  REPRESENTATION,  AND  THE  REASONS  FOR  EACH, IN A MANNER THAT DOES NOT
   38  VIOLATE  ANY  PRIVILEGED  COMMUNICATIONS  BETWEEN  THE  AGENCY  AND  THE
   39  PROSPECTIVE  CLIENT. EACH LEAD AGENCY, ORGANIZATION OR ATTORNEY SHALL BE
   40  PROVIDED WITH STANDARDIZED DATA COLLECTION TOOLS TO BE DETERMINED BY THE
   41  COMMISSION, AND REQUIRED TO TRACK CASE INFORMATION FOR EACH REFERRAL  TO
   42  ALLOW THE EVALUATION TO MEASURE THE NUMBER OF CASES SERVED, THE LEVEL OF
   43  SERVICE  REQUIRED,  AND  THE  OUTCOMES  FOR THE CLIENTS IN EACH CASE. IN
   44  ADDITION TO THIS INFORMATION ON THE EFFECT OF THE REPRESENTATION ON  THE
   45  CLIENTS,  DATA  SHALL  BE COLLECTED REGARDING THE OUTCOMES FOR THE TRIAL
   46  COURTS. THIS DATA SHALL BE COMPILED IN A REPORT TO BE SUBMITTED  TO  THE
   47  COMMISSION ON A QUARTERLY BASIS.
   48    S  723-C. ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL. 1. THERE IS
   49  HEREBY ESTABLISHED THE ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL.
   50    2. A. THE REVIEW PANEL SHALL BE COMPOSED OF AT LEAST SIXTEEN  MEMBERS,
   51  TO BE APPOINTED AS FOLLOWS:
   52    (I)  ATTORNEY-IN-CHIEF  FOR THE LEGAL AID SOCIETY OR HIS/HER REPRESEN-
   53  TATIVE;
   54    (II) CHAIR OF LEGAL SERVICES NYC OR HIS/HER REPRESENTATIVE;
   55    (III) EXECUTIVE DIRECTOR OF LEGAL SERVICES OF  THE  HUDSON  VALLEY  OR
   56  HIS/HER REPRESENTATIVE;
       S. 1918                             6
    1    (IV) EXECUTIVE DIRECTOR OF THE LEGAL AID SOCIETY OF NORTHEASTERN NY OR
    2  HIS/HER REPRESENTATIVE;
    3    (V)  EXECUTIVE DIRECTOR OF THE WESTERN NY LAW CENTER OR HIS/HER REPRE-
    4  SENTATIVE;
    5    (VI) PRESIDENT OF THE EMPIRE JUSTICE CENTER OR HIS/HER REPRESENTATIVE;
    6    (VII) EXECUTIVE DIRECTOR OF THE NEW YORK LAWYERS FOR THE PUBLIC INTER-
    7  EST OR HIS/HER REPRESENTATIVE;
    8    (VIII) THE PRESIDENT OF THE NEW YORK LEGAL ASSISTANCE GROUP OR HIS/HER
    9  REPRESENTATIVE;
   10    (IX) EXECUTIVE DIRECTOR OF LAMBDA LEGAL OR HIS/HER REPRESENTATIVE;
   11    (X) THE IMMEDIATE PAST PRESIDENT OF THE NEW YORK STATE BAR ASSOCIATION
   12  OR A REPRESENTATIVE APPOINTED BY THE ASSOCIATION;
   13    (XI) THE IMMEDIATE PAST PRESIDENT OF THE NETWORK  OF  BAR  LEADERS  OR
   14  HIS/HER REPRESENTATIVE;
   15    (XII)  THE  IMMEDIATE PAST PRESIDENT OF THE WOMEN'S BAR ASSOCIATION OF
   16  THE STATE OF NEW YORK OR HIS/HER REPRESENTATIVE;
   17    (XIII) THE IMMEDIATE PAST PRESIDENT  OF  THE  METROPOLITAN  BLACK  BAR
   18  ASSOCIATION OR HIS/HER REPRESENTATIVE;
   19    (XIV)  THE  IMMEDIATE PAST PRESIDENT OF THE NEW YORK STATE DIRECTOR OF
   20  THE FUND FOR MODERN COURTS OR HIS/HER REPRESENTATIVE;
   21    (XV) EXECUTIVE DIRECTOR OF THE IOLA FUND OF THE STATE OF NEW  YORK  OR
   22  HIS/HER REPRESENTATIVE; AND
   23    (XVI) ONE REPRESENTATIVE FROM THE NATIONAL COALITION FOR A CIVIL RIGHT
   24  TO COUNSEL.
   25    B.  THE  MEMBERS  OF THE REVIEW PANEL SHALL SERVE TERMS OF FOUR YEARS.
   26  ALL MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED.  VACANCIES
   27  ON THE REVIEW PANEL SHALL BE FILLED FOR THE REMAINDER OF THE TERM IN THE
   28  MANNER PROVIDED FOR BY THE ORIGINAL APPOINTMENT.
   29    C.  THE  MEMBERS OF THE REVIEW PANEL SHALL RECEIVE NO COMPENSATION FOR
   30  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
   31  INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   32    D. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, NO  OFFICER  OR
   33  EMPLOYEE  OF  THE STATE OR ANY CIVIL DIVISION THEREOF SHALL BE DEEMED TO
   34  HAVE FORFEITED OR SHALL FORFEIT HIS  OR  HER  OFFICE  OR  EMPLOYMENT  BY
   35  REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON THE REVIEW PANEL.
   36    E.  A  MAJORITY  OF THE MEMBERS OF THE REVIEW PANEL SHALL CONSTITUTE A
   37  QUORUM.
   38    F. THE MEMBERS OF THE REVIEW PANEL MAY PARTICIPATE  IN  A  MEETING  OF
   39  SUCH REVIEW PANEL BY MEANS OF A CONFERENCE TELEPHONE OR SIMILAR COMMUNI-
   40  CATIONS  EQUIPMENT  ALLOWING ALL PERSONS PARTICIPATING IN THE MEETING TO
   41  HEAR EACH OTHER AT THE SAME TIME;  PARTICIPATION  BY  SUCH  MEANS  SHALL
   42  CONSTITUTE PRESENCE IN PERSON AT SUCH MEETING.
   43    3.  THE  PURPOSE OF THE PANEL IS TO ENSURE THAT QUALITY REPRESENTATION
   44  IS PROVIDED UNDER THIS ARTICLE.   THIS  INCLUDES  PROCESSING  COMPLAINTS
   45  AGAINST  ATTORNEYS  ASSIGNED UNDER THIS ARTICLE, ESTABLISHING THE PROPER
   46  REMEDY FOR AGGRIEVED PARTIES, ATTORNEY ADMISSION  AS  ASSIGNED  COUNSEL,
   47  ATTORNEY  TRAINING,  AND  ALL  OTHER  PROCEDURES  THE REVIEW PANEL FINDS
   48  NECESSARY TO ACHIEVE ITS GOAL.  NOTHING IN THIS  ARTICLE  SHALL  PREVENT
   49  ANY INVESTIGATION UNDER THE NEW YORK STATE UNIFIED COURT SYSTEM RULES OF
   50  PROFESSIONAL CONDUCT OR OTHERWISE.
   51    4.  THE REVIEW PANEL MAY WORK TOGETHER WITH THE CIVIL RIGHT TO COUNSEL
   52  COMMISSION TO ACHIEVE THE COMMON GOALS OF THIS ARTICLE.
   53    5. A. THE CHIEF JUDGE OF THE COURT OF APPEALS  AND  THE  REVIEW  PANEL
   54  APPOINTEES  SHALL  CONVENE  THE REVIEW PANEL AND CREATE A PLAN OUTLINING
   55  THE PROCEDURE AND GUIDELINES TO GOVERN THE PANEL  AND  ASSIGNED  COUNSEL
   56  PROGRAM  IN  ACCORDANCE  WITH  THE GOAL OF PROVIDING QUALITY CIVIL LEGAL
       S. 1918                             7
    1  REPRESENTATION. THE CHIEF JUDGE OF THE COURT OF  APPEALS  SHALL  CONSULT
    2  WITH  THE  ADMINISTRATIVE  JUDGES  OF  EACH JUDICIAL DISTRICT TO RECEIVE
    3  GUIDANCE ON THE NEEDS OF EACH DISTRICT.
    4    B. THE GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO:
    5    (I) MEETING REQUIREMENTS OF THE PANEL;
    6    (II) STANDARDS OF QUALITY REPRESENTATION;
    7    (III)  TRAINING  NECESSARY TO PROVIDE CIVIL ASSIGNED COUNSEL REPRESEN-
    8  TATION;
    9    (IV) CONTENT FOR THE COMPLAINT FORM FOR A GRIEVANCE AGAINST AN  AGENCY
   10  OR ATTORNEY ASSIGNED AS CIVIL ASSIGNED COUNSEL;
   11    (V) A GRIEVANCE PROCEDURE; AND
   12    (VI) ESTABLISHING POSSIBLE REMEDIES FOR THOSE FOUND TO BE AGGRIEVED.
   13    S  723-D.  COMPENSATION  AND REIMBURSEMENT. 1. ALL COUNSEL ASSIGNED IN
   14  ACCORDANCE WITH A PLAN OF THE COURT, OTHER ORGANIZATION, OR A BAR  ASSO-
   15  CIATION  CONFORMING  TO  THE  REQUIREMENTS  OF  THIS ARTICLE WHEREBY THE
   16  SERVICES OF PRIVATE COUNSEL ARE ROTATED AND COORDINATED BY  AN  ADMINIS-
   17  TRATOR SHALL AT THE CONCLUSION OF THE REPRESENTATION RECEIVE:
   18    A. FOR REAL PROPERTY PROCEEDINGS NO LESS THAN FIFTY DOLLARS PER HOUR;
   19    B. FOR CASES INVOLVING HEALTH NO LESS THAN FIFTY DOLLARS PER HOUR;
   20    C.  FOR  CASES INVOLVING LICENSE REVOCATION OR SUSPENSION NO LESS THAN
   21  FIFTY DOLLARS PER HOUR;
   22    D. FOR CASES INVOLVING SUSTENANCE NO LESS THAN SIXTY DOLLARS PER HOUR;
   23  AND
   24    E. FOR CASES INVOLVING CHILDREN NO LESS THAN SIXTY DOLLARS PER HOUR.
   25    2. FOR THE PURPOSES OF THIS SECTION:
   26    A. REAL PROPERTY PROCEEDINGS  SHALL  INCLUDE  SECTIONS  SEVEN  HUNDRED
   27  ELEVEN,  SEVEN  HUNDRED THIRTEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED
   28  ONE, ONE THOUSAND NINETY-THREE, THIRTEEN HUNDRED THREE AND ARTICLE THIR-
   29  TEEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW;
   30    B. CASES INVOLVING HEALTH SHALL  INCLUDE  ARTICLE  FORTY-NINE  OF  THE
   31  PUBLIC HEALTH LAW;
   32    C.  CASES  INVOLVING  LICENSE  REVOCATION  OR SUSPENSION SHALL INCLUDE
   33  SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND TWO HUNDRED
   34  SIXTY-ONE OF THE VEHICLE AND TRAFFIC LAW;
   35    D. CASES INVOLVING SUSTENANCE SHALL INCLUDE SECTIONS ONE HUNDRED NINE-
   36  TY-SIX-A, FIVE HUNDRED THIRTY-EIGHT, SIX  HUNDRED  TWENTY,  SIX  HUNDRED
   37  TWENTY-ONE,  SIX  HUNDRED  TWENTY-FOUR,  SIX HUNDRED SIXTY-THREE AND SIX
   38  HUNDRED EIGHTY-ONE OF THE  LABOR  LAW,  SECTIONS  TWENTY-TWO  AND  THREE
   39  HUNDRED  SIXTY-FIVE  OF  THE  SOCIAL SERVICES LAW AND RULE THREE HUNDRED
   40  FIVE AND ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES;
   41    E. CASES INVOLVING CHILDREN SHALL INCLUDE ARTICLE FOUR OF  THE  FAMILY
   42  COURT ACT.
   43    3.  FOR  ALL  REPRESENTATION,  COMPENSATION  AND  REIMBURSEMENT  SHALL
   44  INCLUDE REIMBURSEMENT FOR REASONABLY INCURRED EXPENSES.
   45    4. COMPENSATION FOR REPRESENTATION IN SUCH CASES SHALL  BE  GUIDED  BY
   46  THE  MINIMUM  AMOUNTS SET FORTH ABOVE. THE COMPENSATION MINIMUMS ARE SET
   47  FOR COUNSEL ONLY, NOT SUPPORT OR ADMINISTRATIVE  STAFF  WORK.  WORK  FOR
   48  SUPPORT  OR  ADMINISTRATIVE  STAFF  SHOULD BE SET BY INDIVIDUAL COUNSEL,
   49  FIRM, OR ORGANIZATION AND SHOULD BE SET AT A  LOWER  RATE  THAN  COMPEN-
   50  SATION FOR COUNSEL.
   51    5.  THERE  SHALL  BE  NO  DIFFERENTIAL IN COMPENSATION RATE FOR OUT OF
   52  COURT TIME EXPENDED AND IN COURT TIME EXPENDED. RATES SHOULD BE  SET  AT
   53  THE  MINIMUM  STATED ABOVE OR HIGHER BASED ON THE COMPLEXITY OF THE CASE
   54  AND EXPERTISE OF THE ATTORNEY.  SUCH  RATES  SHALL  BE  SUBJECT  TO  THE
   55  APPROVAL  OF  THE  COURT  OF JURISDICTION BASED ON THE COMPLEXITY OF THE
       S. 1918                             8
    1  CASE, EXPERTISE OF THE ATTORNEY, THE MARKET, AND ANY OTHER  FACTORS  THE
    2  COURT DEEMS JUST AND APPROPRIATE.
    3    6.  THERE SHOULD BE NO CAP ON THE AMOUNT OF COMPENSATION OR REIMBURSE-
    4  MENT  RECEIVED  FOR  REPRESENTATION.  THE  AMOUNT  OF  COMPENSATION  AND
    5  REIMBURSEMENT IS SUBJECT TO COURT APPROVAL AS DESCRIBED ABOVE.
    6    7.  COMPENSATION  AND  REIMBURSEMENT  FOR APPEAL SHALL BE FIXED BY THE
    7  APPELLATE COURT NOT TO BE BELOW THE RATES SET FORTH IN THIS SECTION.
    8    8. IN EXTRAORDINARY CIRCUMSTANCES  A  TRIAL  OR  APPELLATE  COURT  MAY
    9  PROVIDE  FOR  PAYMENT  OF  COMPENSATION  AND  REIMBURSEMENT FOR EXPENSES
   10  BEFORE THE COMPLETION OF THE REPRESENTATION UPON APPLICATION.
   11    S 3. The opening paragraph of  section  722  of  the  county  law,  as
   12  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   13    The  governing  body of each county and the governing body of the city
   14  in which a county is wholly contained shall place in operation  through-
   15  out  the  county  a plan for providing counsel to persons charged with a
   16  crime or who are entitled to counsel pursuant  to  section  two  hundred
   17  sixty-two  or  section  eleven  hundred  twenty of the family court act,
   18  article six-C of the correction law, section four hundred seven  of  the
   19  surrogate's  court  procedure  act  or article ten of the mental hygiene
   20  law, who are financially unable to obtain counsel. THE GOVERNING BODY OF
   21  EACH COUNTY AND THE GOVERNING BODY OF THE CITY  IN  WHICH  A  COUNTY  IS
   22  WHOLLY  CONTAINED  SHALL ALSO PLACE IN OPERATION THROUGHOUT THE COUNTY A
   23  PLAN FOR PROVIDING  COUNSEL  TO  FINANCIALLY  UNABLE  PERSONS  IN  CIVIL
   24  PROCEEDINGS  UNDER THIS SECTION, SECTIONS ONE HUNDRED NINETY-SIX-A, FIVE
   25  HUNDRED THIRTY-EIGHT, SIX HUNDRED TWENTY, SIX  HUNDRED  TWENTY-ONE,  SIX
   26  HUNDRED  TWENTY-FOUR, SIX HUNDRED SIXTY-THREE AND SIX HUNDRED EIGHTY-ONE
   27  OF THE LABOR LAW, SECTIONS TWENTY-TWO AND  THREE  HUNDRED  FIVE  OF  THE
   28  SOCIAL  SERVICES  LAW,  WHERE THERE IS A REVOCATION OR SUSPENSION ISSUED
   29  PURSUANT TO SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND
   30  TWO HUNDRED SIXTY-ONE OF THE VEHICLE AND TRAFFIC LAW, ARTICLE FORTY-NINE
   31  OF THE PUBLIC HEALTH LAW, SECTIONS SEVEN HUNDRED ELEVEN,  SEVEN  HUNDRED
   32  THIRTEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED ONE, ONE THOUSAND NINE-
   33  TY-THREE,  SECTION  THIRTEEN  HUNDRED  THREE AND ARTICLE THIRTEEN OF THE
   34  REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, RULE THREE HUNDRED  FIVE  AND
   35  ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES AND ARTICLE
   36  FOUR OF THE FAMILY COURT ACT. FOR THE PURPOSES OF THIS SECTION THE TERMS
   37  "FINANCIALLY UNABLE" AND "LOW INCOME" SHALL MEAN AN INDIVIDUAL WHO IS AT
   38  OR BELOW TWO HUNDRED PERCENT OF THE  FEDERAL  POVERTY  GUIDELINES.  Each
   39  plan  shall  also  provide  for investigative, expert and other services
   40  necessary for an adequate defense. The plan shall conform to one of  the
   41  following:
   42    S  4.  Subdivision  3 of section 1303 of the real property actions and
   43  proceedings law, as amended by chapter 507 of the laws of  2009  and  as
   44  further  amended  by  section 104 of part A of chapter 62 of the laws of
   45  2011, is amended to read as follows:
   46    3. The notice to any mortgagor required by paragraph (a)  of  subdivi-
   47  sion one of this section shall appear as follows:
   48                     Help for Homeowners in Foreclosure
   49    New  York  State  Law  requires that we send you this notice about the
   50  foreclosure process. Please read it carefully.
   51  Summons and Complaint
   52    You are in danger of losing your home. If you fail to respond  to  the
   53  summons  and  complaint  in  this  foreclosure action, you may lose your
   54  home. Please read the summons and complaint carefully. You should  imme-
   55  diately  contact  an  attorney  or your local legal aid office to obtain
   56  advice on how to protect yourself.
       S. 1918                             9
    1  Sources of Information and Assistance
    2    The  State  encourages  you  to  become informed about your options in
    3  foreclosure. In addition to seeking assistance from an attorney or legal
    4  aid office, there are government agencies and  non-profit  organizations
    5  that  you  may contact for information about possible options, including
    6  trying to work with your lender during this process. YOU MAY BE ENTITLED
    7  TO ASSIGNED COUNSEL IF YOU ARE FINANCIALLY UNABLE  TO  OBTAIN  REPRESEN-
    8  TATION.
    9    To  locate  an  entity  near  you, you may call the toll-free helpline
   10  maintained by the New York State Department  of  Financial  Services  at
   11  (enter number) or visit the Department's website at (enter web address).
   12  Foreclosure rescue scams
   13    Be careful of people who approach you with offers to "save" your home.
   14  There  are  individuals  who watch for notices of foreclosure actions in
   15  order to unfairly profit from a  homeowner's  distress.  You  should  be
   16  extremely  careful  about any such promises and any suggestions that you
   17  pay them a fee or sign over your deed. State law requires anyone  offer-
   18  ing  such  services  for  profit  to  enter  into a contract which fully
   19  describes the services they will perform and fees they will charge,  and
   20  which  prohibits  them  from  taking  any money from you until they have
   21  completed all such promised services.
   22    S 5. Section 722-c of the county law, as amended by section 3 of  part
   23  J of chapter 62 of the laws of 2003, is amended to read as follows:
   24    S  722-c.  Services  other than counsel. Upon a finding in an ex parte
   25  proceeding that investigative, expert or other  services  are  necessary
   26  and  that the defendant or other person described in section two hundred
   27  forty-nine or section two hundred sixty-two of  the  family  court  act,
   28  article  six-C of the correction law [or], section four hundred seven of
   29  the surrogate's court procedure act, SECTION SEVEN HUNDRED TWENTY-TWO OF
   30  THIS  ARTICLE,  SECTIONS  ONE   HUNDRED   NINETY-SIX-A,   FIVE   HUNDRED
   31  THIRTY-EIGHT,  SIX  HUNDRED  TWENTY, SIX HUNDRED TWENTY-ONE, SIX HUNDRED
   32  TWENTY-FOUR, SIX HUNDRED SIXTY-THREE AND SIX HUNDRED EIGHTY-ONE  OF  THE
   33  LABOR  LAW,  SECTIONS  TWENTY-TWO  AND  THREE HUNDRED FIVE OF THE SOCIAL
   34  SERVICES LAW, WHERE THERE IS A REVOCATION OR SUSPENSION ISSUED  PURSUANT
   35  TO  SECTIONS  TWO  HUNDRED  TWENTY-SEVEN,  TWO HUNDRED FORTY-TWO AND TWO
   36  HUNDRED SIXTY-ONE OF THE VEHICLE AND TRAFFIC LAW, ARTICLE FORTY-NINE  OF
   37  THE  PUBLIC  HEALTH  LAW,  SECTIONS  SEVEN HUNDRED ELEVEN, SEVEN HUNDRED
   38  THIRTEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED ONE, ONE THOUSAND NINE-
   39  TY-THREE, THIRTEEN HUNDRED THREE AND ARTICLE THIRTEEN OF THE REAL  PROP-
   40  ERTY  ACTIONS  AND  PROCEEDINGS LAW, RULE THREE HUNDRED FIVE AND ARTICLE
   41  SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, AND ARTICLE  FOUR  OF
   42  THE  FAMILY  COURT  ACT, is financially unable to obtain them, the court
   43  shall authorize counsel, whether or not assigned in  accordance  with  a
   44  plan,  to  obtain  the services on behalf of the defendant or such other
   45  person. The court upon a finding that timely  procurement  of  necessary
   46  services  could not await prior authorization may authorize the services
   47  nunc pro tunc. The court shall determine reasonable compensation for the
   48  services and direct payment to the person who rendered them  or  to  the
   49  person  entitled  to reimbursement. [Only in extraordinary circumstances
   50  may the court provide for compensation in excess of one thousand dollars
   51  per investigative, expert or other service provider.]
   52    Each claim for compensation shall be supported by  a  sworn  statement
   53  specifying  the  time expended, services rendered, expenses incurred and
   54  reimbursement or compensation applied for or received in the  same  case
   55  from any other source.
       S. 1918                            10
    1    S 6. Section 227 of the vehicle and traffic law is amended by adding a
    2  new subdivision 7 to read as follows:
    3    7. A FINANCIALLY UNABLE PERSON WHO IS CHARGED WITH AN OFFENSE PUNISHA-
    4  BLE  BY  A REVOCATION OR SUSPENSION OF HIS OR HER DRIVERS' LICENSE WHERE
    5  THE PERSON IS DEPENDENT ON DRIVING FOR THEIR EMPLOYMENT OR  WHERE  THERE
    6  IS  A  LACK  OF  PUBLIC  TRANSPORTATION IN THE PERSON'S SURROUNDING AREA
    7  SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY THE COURT. ASSIGNMENT OF COUN-
    8  SEL UNDER THIS SECTION SHALL BE IMPLEMENTED AS PROVIDED IN ARTICLE EIGH-
    9  TEEN-B OF THE COUNTY LAW. FOR THE PURPOSES  OF  THIS  SECTION  THE  TERM
   10  "FINANCIALLY  UNABLE"  SHALL  MEAN  AN INDIVIDUAL WHO IS AT OR BELOW TWO
   11  HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES.
   12    S 7. Section 261 of the vehicle and traffic law is amended by adding a
   13  new subdivision 5 to read as follows:
   14    5. ASSIGNMENT OF COUNSEL. A FINANCIALLY UNABLE PERSON WHO  IS  CHARGED
   15  WITH  AN  OFFENSE PUNISHABLE BY A REVOCATION OR SUSPENSION OF HIS OR HER
   16  DRIVERS' LICENSE WHERE THE PERSON IS  DEPENDENT  ON  DRIVING  FOR  THEIR
   17  EMPLOYMENT  OR  WHERE  THERE  IS  A LACK OF PUBLIC TRANSPORTATION IN THE
   18  PERSON'S SURROUNDING AREA SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY  THE
   19  COURT.  ASSIGNMENT OF COUNSEL UNDER THIS SECTION SHALL BE IMPLEMENTED AS
   20  PROVIDED IN ARTICLE EIGHTEEN-B OF THE COUNTY LAW. FOR  THE  PURPOSES  OF
   21  THIS  SECTION THE TERM "FINANCIALLY UNABLE" SHALL MEAN AN INDIVIDUAL WHO
   22  IS AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES.
   23    S 8. The state finance law is amended by adding a new section 98-d  to
   24  read as follows:
   25    S  98-D.  CIVIL GIDEON ASSISTANCE FUND. 1. THERE IS HEREBY ESTABLISHED
   26  IN THE JOINT CUSTODY OF THE COMPTROLLER, OFFICE OF COURT  ADMINISTRATION
   27  AND  THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN
   28  AS THE CIVIL GIDEON ASSISTANCE FUND.
   29    2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE  PURPOSE
   30  OF  SUCH  FUND, ALL OTHER MONEYS REQUIRED TO BE PAID INTO OR CREDITED TO
   31  SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO IT.
   32    3. A ONE-TIME SURCHARGE OF SEVENTY-FIVE DOLLARS SHALL BE ADDED TO  THE
   33  BIENNIAL ATTORNEY FEES TO BE ADDED TO THIS FUND, AS SET FORTH IN SECTION
   34  FOUR HUNDRED SIXTY-EIGHT-A OF THE JUDICIAL LAW.
   35    (A)  THE PURPOSE OF SUCH FUND SHALL BE TO: (I) ASSIST COUNTIES AND, IN
   36  THE CASE OF A COUNTY WHOLLY CONTAINED  WITHIN  A  CITY,  SUCH  CITY,  IN
   37  PROVIDING LEGAL REPRESENTATION FOR PERSONS WHO ARE FINANCIALLY UNABLE TO
   38  AFFORD  COUNSEL  PURSUANT  TO ARTICLE EIGHTEEN-C OF THE COUNTY LAW; (II)
   39  ASSIST THE STATE, IN IMPROVING  THE  QUALITY  OF  CIVIL  LEGAL  SERVICES
   40  ADDRESSING THE ESSENTIALS OF LIFE AND FUNDING REPRESENTATION PROVIDED BY
   41  ASSIGNED  COUNSEL  PAID  IN  ACCORDANCE  WITH SECTION THIRTY-FIVE OF THE
   42  JUDICIARY LAW; (III) PROVIDE SUPPORT FOR THE OPERATIONS, DUTIES, RESPON-
   43  SIBILITIES AND EXPENSES FOR THE RIGHT TO CIVIL REPRESENTATION COMMISSION
   44  AND PANEL ESTABLISHED, RESPECTIVELY, PURSUANT TO THIS ARTICLE; AND  (IV)
   45  PROVIDE FUNDING FOR LEGAL REPRESENTATION AS DESCRIBED HEREIN.
   46    (B)  STATE  FUNDS RECEIVED BY A COUNTY OR CITY FROM SUCH FUND SHALL BE
   47  USED TO SUPPLEMENT AND NOT SUPPLANT ANY LOCAL FUNDS WHICH SUCH COUNTY OR
   48  CITY WOULD OTHERWISE HAVE HAD TO EXPEND FOR THE PROVISION OF COUNSEL AND
   49  EXPERT, INVESTIGATIVE AND OTHER SERVICES PURSUANT TO ARTICLE  EIGHTEEN-C
   50  OF  THE  COUNTY  LAW.  ALL SUCH STATE FUNDS RECEIVED BY A COUNTY OR CITY
   51  SHALL BE USED TO IMPROVE THE QUALITY OF SERVICES  PROVIDED  PURSUANT  TO
   52  ARTICLE EIGHTEEN-C OF THE COUNTY LAW.
   53    (C) AS USED IN THIS SECTION, "LOCAL FUNDS" SHALL MEAN ALL FUNDS APPRO-
   54  PRIATED  OR  ALLOCATED  BY  A  COUNTY OR, IN THE CASE OF A COUNTY WHOLLY
   55  CONTAINED WITHIN A CITY, SUCH CITY, FOR SERVICES AND EXPENSES IN ACCORD-
   56  ANCE WITH ARTICLE  EIGHTEEN-C  OF  THE  COUNTY  LAW,  OTHER  THAN  FUNDS
       S. 1918                            11
    1  RECEIVED  FROM:  (I)  THE  FEDERAL  GOVERNMENT  OR  THE STATE; OR (II) A
    2  PRIVATE SOURCE, WHERE SUCH CITY OR COUNTY DOES  NOT  HAVE  AUTHORITY  OR
    3  CONTROL OVER THE PAYMENT OF SUCH FUNDS BY SUCH PRIVATE SOURCE.
    4    3.  AMOUNTS  DISTRIBUTED  FROM  SUCH  FUND SHALL BE LIMITED TO AMOUNTS
    5  DEEMED APPROPRIATE BY THE OFFICE OF COURT ADMINISTRATION  AND  SHALL  BE
    6  DISTRIBUTED PROPORTIONATELY BY LEVEL OF NEED AT THE COURT'S DISCRETION.
    7    (A)  FOR ALL STATE FISCAL YEARS, EACH COUNTY AND THE CITY OF NEW YORK,
    8  SHALL RECEIVE NINETY PERCENT OF THE AMOUNT PAID TO SUCH  COUNTY  IN  THE
    9  PREVIOUS FISCAL YEAR.
   10    (B)  REMAINING  AMOUNTS  WITHIN SUCH FUND, AFTER ACCOUNTING FOR ANNUAL
   11  PAYMENTS REQUIRED IN THIS SECTION SHALL  BE  DISTRIBUTED  IN  ACCORDANCE
   12  WITH SECTIONS EIGHT HUNDRED THIRTY-TWO AND EIGHT HUNDRED THIRTY-THREE OF
   13  THE EXECUTIVE LAW.
   14    S 9. Subdivision 5 of section 468-a of the judiciary law is renumbered
   15  subdivision 6 and a new subdivision 5 is added to read as follows:
   16    5.  A ONE-TIME SURCHARGE OF SEVENTY-FIVE DOLLARS SHALL BE ADDED TO THE
   17  BIENNIAL ATTORNEY FEES TO BE ALLOCATED TO AND BE DEPOSITED INTO  A  FUND
   18  ESTABLISHED  PURSUANT  TO  THE  PROVISIONS  OF ARTICLE EIGHTEEN-C OF THE
   19  COUNTY LAW. SUCH SURCHARGE SHALL BE ASSESSED TO EVERY  ATTORNEY  IN  THE
   20  SAME  MANNER  AS  THE  BIENNIAL FEE DESCRIBED IN SUBDIVISION ONE OF THIS
   21  SECTION.
   22    S 10. This act shall take effect immediately, and the  appointment  of
   23  members  to the civil right to counsel commission and the assigned coun-
   24  sel for civil matters review panel shall be completed within 90 days  of
   25  such effective date.